R v El-Chami [2016] NSWSC 445

R v El-Chami [2016] NSWSC 445

The appropriate sentence for Mr El-Chami's offence under s 316(1) Crimes Act 1900 (NSW) is 3 months imprisonment, suspended, having regard to the seriousness of the offence, mitigating circumstances including his early guilty plea, assistance to authorities, remorse, prospects of rehabilitation, and time already spent in custody, with substantial discounts applied.

Parties
Crown: Regina; Offender: Mohamed El-Chami
Jurisdiction
Australia
Judgment Date
19 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted under s 316(1) of the Crimes Act 1900 (NSW). Sentenced to 3 months imprisonment, suspended, subject to a 3-month good behaviour bond and requirement to provide promised assistance.
Legal Topics
Sentence, Conceal Serious Offence, Murder, Plea of Guilty, Assistance to Authorities, CCTV Disclosure, Aggravating Factors, Mitigating Factors, Deterrence, Subjective Circumstances, Suspended Sentence
Criminal Law Sentence Conceal Serious Offence Murder Plea of Guilty Assistance to Authorities CCTV Disclosure Aggravating Factors +4 more

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Parties

Regina

Crown

Mohamed El-Chami

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for conceal serious offence under s 316(1) Crimes Act 1900 (NSW)
  2. 2 Consideration of aggravating and mitigating factors in sentencing for concealment of a murder
  3. 3 Impact of early guilty plea and assistance to authorities on sentence

Ratio Decidendi

The appropriate sentence for Mr El-Chami's offence under s 316(1) Crimes Act 1900 (NSW) is 3 months imprisonment, suspended, having regard to the seriousness of the offence, mitigating circumstances including his early guilty plea, assistance to authorities, remorse, prospects of rehabilitation, and time already spent in custody, with substantial discounts applied.

Court Disposition

Convicted under s 316(1) of the Crimes Act 1900 (NSW). Sentenced to 3 months imprisonment, suspended, subject to a 3-month good behaviour bond and requirement to provide promised assistance.

Orders

  • Mr El-Chami is convicted under s 316(1) of the Crimes Act 1900 (NSW)
  • Sentenced to 3 months imprisonment commencing 19 April 2016, suspended, subject to entering into a good behaviour bond for 3 months and providing promised assistance